Effect given to the recommendations of the committee and the Governing Body - Report No 355, November 2009

Case No 2539 (Peru) - Complaint date: 14-NOV-06 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 112. The Committee last examined the substance of this case at its March 2009 meeting and on that occasion made the following recommendations [see 353rd Report, paras 1091–1110]:
   • (a) With regard to the allegations concerning the anti-union dismissal of seven trade union leaders of the Union of Workers of Owens-Illinois Perú SA and the pending legal proceedings initiated by the workers affected, the Committee, taking into account the judicial authority’s ruling declaring the dismissals null and void, although that ruling is the subject of a pending appeal, requests the Government to take the necessary steps to have the dismissed leaders reinstated in their posts without delay, while awaiting the final ruling to be handed down by the court of appeal. The Committee requests the Government to keep it informed of any developments in this regard, including the final outcome of the appeal.
   • (b) With regard to the allegations made by the National Federation of Mining Metallurgy and Steel Workers of Peru (FEDMINEROS) concerning the illegal suspension without pay for 30 days of the General Secretary (Mr Eduardo Manrique Alvarez) and the Defence Secretary (Mr Jaime Luján Garrido) of the Union of Workers of the SIDERPERU Plant, for denouncing the conduct of a company representative who allegedly put the workers’ health at risk, the Committee, observing that these are serious allegations which have been pending since its last examination of this case, requests the Government to take the necessary steps to ensure that an investigation is carried out without delay to determine whether there were anti-union motives behind the sanction imposed and if the allegations are found to be true, to take the necessary steps to compensate the trade union leaders affected and their organization. The Committee requests the Government to keep it informed in this regard.
2. 113. In its communication of 23 February 2009, the Government states that through a communication dated 19 February 2008 the enterprise Owens-Illinois Perú SA reported on the complaint in question (based on the alleged violation of the freedom of association of seven former workers of said enterprise), the enterprise being taken to court by the workers (through a request to have the dismissals declared null and void) and the proceedings (file No. 1628-2005) being heard by the Third Labour Court of Callao. In this respect, the Government states that through a communication dated 19 February 2009, the enterprise Owens-Illinois Perú SA informed it regarding the outcome of the said procedure that the parties concerned have signed private, out-of-court settlements following various meetings with the workers involved in this case. Thus, the legal procedure was discontinued definitively (the Government encloses a copy of the out-of-court settlements signed by the parties concerned in its response, all with a copy of resolution No. 31 of 7 October 2008, in which the Second Mixed Interim Labour – Family Division of Callao declares the procedure concluded). The out-of-court settlements were signed on 25 September 2008 with the following individuals: (1) Máximo Velarde Díaz; (2) Ruperto Sánchez Gutiérrez; (3) Juan Manayay Contreras; (4) Gaspar Armando Palacios More; (5) Eddy Magno Córdoba Chian; and (6) Sebastián Suclupe Yauce. The Government adds that the ILO was duly informed of former worker Jorge Luis Martínez Guevara’s intention to abandon the legal proceedings under way, Mr Martínez Guevara having reached an out-of-court settlement with the abovementioned enterprise.
3. 114. In its communication of 25 February 2009, the Government refers to allegations that, for anti-union motives, the enterprise Siderúgica SAA suspended union officials Eduardo Manrique Álvarez and Jaime Luján Garrido, the Secretary-General and the Secretary for Defence of the Union of Workers of the SIDERPERU plant respectively, from work for 30 days for having called on the enterprise to comply with measures concerning worker safety and halt the abuses of power committed by one of its supervisors since the union officials affected view this as an attempt to create a social climate in which the workers would be unable to defend their list of claims for the 2007–08 period with the necessary guarantees. The Government states that the administrative labour authority participated in an attempt to resolve the issue raised by the workers through the Regional Directorate of Labour and Employment Promotion of Ancash, this department initiating an out-of-court meeting attended by both parties, although no conciliatory agreement was reached. The enterprise announced its intention to maintain the sanction imposed. It is not indicated however if, following the meeting, investigations were carried out to unearth new evidence or evidence regarding the events which gave rise to the sanctions. Nevertheless, it should be pointed out that by order of the National Directorate for Labour Relations, the enterprise Siderúgica del Perú SAA, the Union of Workers of the SIDERPERU plant and FEDMINEROS were invited to an out-of-court meeting on 19 July 2007 at 10 a.m. in order to discuss the abovementioned labour issue. No agreement was reached and the enterprise confirmed its decision to impose the sanction on the trade union officials.
4. 115. The Government adds that through official letter No. 451-2008-MTPE/9.1 dated 21 May 2008, the National Directorate of Labour Relations was requested to take the necessary measures to ensure that the Regional Directorate of Labour and Employment Promotion of Ancash report whether, following the out-of-court-meeting called by said directorate, an investigation was carried regarding the sanctions imposed by the enterprise on the union officials (a report will be transmitted in due course). The abovementioned official letter No. 451-2008-MTPE/9.1 was sent by the National Directorate of Labour Relations to the Regional Directorate of Labour and Employment Promotion of Ancash along with official letter No. 1033-2008-MTPE/2/11.1, dated 27 May 2008.
5. 116. The Government states that in official letter No. 105-2008-MTPE/9.1, dated 11 November 2008, taking into account the allegations presented by FEDMINEROS, and lacking some of the evidence necessary in the formulation of the corresponding observations on this case, the enterprise SIDERPERU SAA was requested to provide any information it had on the case, in particular with regard to the events of 4 June 2007 at the time of a clean-up operation in the Elken furnace sector of the SIDERPERU plant (events which led to the suspension from work for 30 days without pay of the union leaders Eduardo Manrique Álvarez and Jaime Luján Garrido, the Secretary-General and the Secretary for Defence of the Union of Workers of the SIDERPERU plant respectively). In letter GL-1404-2008, dated 17 December 2008, the enterprise provides the corresponding information, stating, among other things, that the disciplinary measure was imposed upon Eduardo Manrique Álvarez and Jaime Luján Garrido because, in their roles as trade union leaders, on 13 June 2007 the two men sent official letter No. STPS-460-07, of 12 June 2007, to the SIDERPERU management. In that letter they made a demand regarding the relocation and remodelling of the work environment ordered by the foreman of the blast furnace, employing a series of pejorative and offensive terms when referring to said foreman and to the managers of the plant, insulting them and undermining the principles of authority, mutual respect and harmony in the workplace necessary to the smooth running of the enterprise.
6. 117. Furthermore, it is pointed out that the serious nature of the labour offence committed by the said union leaders meant that it was a just cause for dismissal pursuant to article 25(f) of the Labour Productivity and Competitiveness Act, given that through official letter No. STPS-460-07 said union leaders had insulted and defamed in writing managerial staff of their employer in the workplace. However, the enterprise merely imposed a 30-day suspension from work, without pay, a measure which lasted from 2 July to 31 July 2007. The enterprise also claims that, in light of the labour violations committed by the abovementioned union officials, and under the labour legislation currently in force, it was decided, uniquely, on that occasion that a sanction consisting of a 30-day suspension from work without pay would be applied. According to the enterprise, the sanctioned former union leaders themselves corroborated the need for this measure when, on 6 July 2007 they sent the head of administration of the enterprise communication No. STPS-484-07 of 5 July 2007, in which, among other things, they explicitly recognized that they had used offensive and insulting terms that gave rise to the imposition of disciplinary sanctions.
7. 118. Furthermore, it is pointed out that in the light of the application for review of the disciplinary sanction imposed, which led to the issuing of the summons to out-of-court meetings at the offices of the Ministry of Labour in Chimbote and Lima, with which the enterprise complied, the enterprise decided that the sanction should be complied with to the letter given the serious nature of the misconduct. Finally, it is stated that the former union leaders Eduardo Manrique Álvarez and Jaime Luján Garrido no longer work at the enterprise, having both signed agreements with the enterprise terminating their employment by mutual consent, in the framework of a structured programme of financial redundancy packages within SIDERPERU. This claim is supported by copies of the payment receipts for social benefits paid to the said workers and must be taken into account in the examination of the case. The Government reports that both the Union of Workers of the Chimbote Iron and Steel Plant and the Union of Workers of the SIDERPERU plant have concluded their respective collective agreements for the period 2007–10 which were duly registered with the administrative labour authority on 7 February 2008.
8. 119. Finally, with regard to the allegation made by FEDMINEROS that such measures were applied to the workers with the aim of obstructing negotiations concerning the list of claims for the period 2007–08, it should be pointed out in this regard that, as a result of a collective bargaining process, collective agreements have been concluded between the Union of Workers of the Chimbote Iron and Steel Plant, the Union of Workers of the SIDERPERU plant and the enterprise Siderúrgica del Perú SAA and are duly registered with the administrative labour authority. Consequently, the allegation made should be considered to be unfounded, given that the parties have reached a peaceful solution regarding the list of claims.
9. 120. The Committee takes note of this information. In particular, the Committee notes that the workers and the enterprises concerned reached agreements concerning the allegations presented.